Florida Pesticide Laws and Regulations Fred Fishel Ph

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Florida Pesticide Laws and Regulations Fred Fishel, Ph. D. Dept. of Agronomy University of

Florida Pesticide Laws and Regulations Fred Fishel, Ph. D. Dept. of Agronomy University of Florida/IFAS 1

Information that will be presented throughout this presentation is based upon Unit 12 in

Information that will be presented throughout this presentation is based upon Unit 12 in the Florida Core Manual, Applying Pesticides Correctly. You can purchase a copy to keep on hand for a reference from the IFAS Extension Bookstore. 2

What do the following mean? • Law • Rule • Regulation Pesticide applicators should

What do the following mean? • Law • Rule • Regulation Pesticide applicators should know that they are not the same and not interchangeable! 3

Law Legal acts passed by elected officials and enforced. 4

Law Legal acts passed by elected officials and enforced. 4

Laws do not state all the details that applicators need to know! 5

Laws do not state all the details that applicators need to know! 5

Regulations contain the details. The pesticide regulatory agency in Florida is the Florida Department

Regulations contain the details. The pesticide regulatory agency in Florida is the Florida Department of Agriculture and Consumer Services. 6

Rules carry the force of the law. 7

Rules carry the force of the law. 7

Florida Administrative Code • FAC is organized into chapters • 5 chapters pertain to

Florida Administrative Code • FAC is organized into chapters • 5 chapters pertain to pesticide use 8

Agencies Responsible • FDCA = Florida Department of Community Affairs • FDACS = Florida

Agencies Responsible • FDCA = Florida Department of Community Affairs • FDACS = Florida Department of Agricultural and Consumer Services • FDEP = Florida Department of Environmental Protection 9

Laws & Rules for FL Pesticides State Law Topics Agency Chapter 252 FS Storage

Laws & Rules for FL Pesticides State Law Topics Agency Chapter 252 FS Storage facility & spill reports FDCA Chapter 388 FS Public Health Pest Control FDACS Chapter 403 FS Wastes & containers FDEP Chapter 482 FS Pest Control Operators/licensing FDACS Chapter 487 FS Registrations/licensing FDACS 10

Chapter 388 11

Chapter 388 11

Chapter 388 • All pesticides – restricted or unclassified • Aerial applicators also need

Chapter 388 • All pesticides – restricted or unclassified • Aerial applicators also need aerial certification • Typically affects governmental employees 12

Information on Chapter 388 • (850) 922 -7011 • http: //www. flaes. org/aes-ent/index. html

Information on Chapter 388 • (850) 922 -7011 • http: //www. flaes. org/aes-ent/index. html 13

Chapter 482 14

Chapter 482 14

Licenses Issued Under Ch. 482 License Type Applicator License Category Pest control business Structural

Licenses Issued Under Ch. 482 License Type Applicator License Category Pest control business Structural fumigation of tents and buildings Termites and wooddestroying organisms Lawn and ornamentals Pest control business General household pests Pest control business 15

Requirements for PCO Business License • Education • Work experience BEPC: (850) 921 -4177

Requirements for PCO Business License • Education • Work experience BEPC: (850) 921 -4177 16

Licenses Issued Under Ch. 482 License Type Applicator License Category Limited certification Structural pest

Licenses Issued Under Ch. 482 License Type Applicator License Category Limited certification Structural pest control in privately-owned building by building’s employee or owner Limited certification Lawn and ornamental pest control by property’s owner or employee Limited certification Certain non-fumigants applied to ornamental plant beds/shrubbery 17

Examples of Limited License Holders • • • Government employees Private sector employees Commercial

Examples of Limited License Holders • • • Government employees Private sector employees Commercial property owners Owner/operators of for-hire landscape firms Employee of a for-hire landscape business who uses chemical weed control 18

All Applicators are Governed • Restricted use • Unclassified 19

All Applicators are Governed • Restricted use • Unclassified 19

Chapter 487 20

Chapter 487 20

Chapter 487 Applicator Classes Applicator Class Applicator’s Occupation or Employer Private Farmer, rancher, nurseryman,

Chapter 487 Applicator Classes Applicator Class Applicator’s Occupation or Employer Private Farmer, rancher, nurseryman, house gardener State, city or county; public utility, University Public Commercial For-hire not under Chapter 388 or 482 21

Private Applicators 22

Private Applicators 22

Public Applicators 23

Public Applicators 23

Commercial Applicators 24

Commercial Applicators 24

Pest Control Categories • • • Private Aerial Ag row crop Ag tree crop

Pest Control Categories • • • Private Aerial Ag row crop Ag tree crop Ag animal Soil/greenhouse fumigation • Raw Ag commodity fumigation • Forest • Natural Areas Weed Control • Seed treatment • Aquatic • Organotin antifouling paint • Right-of-way • Wood treatment • Chorine gas infusion • Ornamental & turf • Demonstration & research • Sewer Root Control 25

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The Label is the Law! 27

The Label is the Law! 27

Specifically Regulated Pesticides in FL • • • Aldicarb Bromacil Methyl bromide Organotin anti-fouling

Specifically Regulated Pesticides in FL • • • Aldicarb Bromacil Methyl bromide Organotin anti-fouling paints Organo-auxin herbicides 28

Other rules under the Act… • • • Restricted use pesticide storage Disposal Licensing

Other rules under the Act… • • • Restricted use pesticide storage Disposal Licensing Direct supervision Record-keeping Penalties 29

(850) 488 -3314 30

(850) 488 -3314 30

Chapter 252 31

Chapter 252 31

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Reporting Forms: (800) 320 -0519 33

Reporting Forms: (800) 320 -0519 33

Chapter 403 34

Chapter 403 34

Chapter 403 addresses… • Who may burn • Where containers may be burned •

Chapter 403 addresses… • Who may burn • Where containers may be burned • Kinds of containers that may be burned • Distance between 2 burn sites • Container preparation • Setback distances • Time of day for burning • Supervision of burning • Containment structures for burning • Amount that may be burned 35

Check Local Ordinances 36

Check Local Ordinances 36

Always check the label! 37

Always check the label! 37

Photo Credits • UF/IFAS Pesticide Information Office • Penn State University Mention of trade

Photo Credits • UF/IFAS Pesticide Information Office • Penn State University Mention of trade names in this presentation is solely for providing specific information. It is not a guarantee or warranty of the products named, and does not signify that they are approved to the exclusion of others of suitable composition. Use pesticides safely. Read and follow directions on the manufacturer’s label. Fred Fishel, Ph. D. Department of Agronomy University of Florida/IFAS Copyright 2005 University of Florida 38